Post Convictions
Post-Conviction Attorney in Little Rock
Being convicted of a crime is a life-changing event. Even after serving your sentence, you may find yourself struggling to move forward with your life. However, all is not lost. If you feel that you were wrongly convicted, there are legal options available to you. Post-conviction representation is a specialized area of law that involves appealing a criminal conviction or sentence. At Wesley Rhodes, Attorney at Law, we are here to help you navigate the complex legal process of post-conviction relief.
Post-Conviction Representation
Post-conviction representation is the legal process allowing a defendant to challenge the validity of a conviction or sentence after their case has been concluded. The process varies depending on the state and circumstances of the case, but typically involves filing a motion with the court, presenting evidence of errors or omissions in the trial, and arguing for a new trial, reduced sentence, or other relief. There are several grounds for seeking post-conviction relief, including ineffective assistance of counsel, prosecutorial misconduct, newly discovered evidence, and violations of the defendant's constitutional rights.
It is important to note that post-conviction relief is not an appeal and does not re-examine the facts of the case, but rather focuses on errors in the legal process. If you believe that you have been wrongly convicted or sentenced, it is essential to work with an experienced post-conviction attorney who can evaluate your case and determine the best course of action.
Don't let a criminal conviction define your future. Contact us at (501) 361-4459 to discuss your post-conviction options and let us fight for your rights.
Types of Post-Conviction Relief
Appeal. The most common type of post-conviction relief is an appeal. An appeal is a request for a higher court to review the decision of the lower court.
Habeas Corpus. A writ of habeas corpus is another type of post-conviction relief. This writ allows a person who is in custody to challenge their detention in court.
Motion to Vacate, Set Aside, or Correct a Sentence. This type of post-conviction relief is based on a claim that the defendant's sentence was illegal or unconstitutional. The defendant can file a motion with the trial court asking the court to vacate, set aside, or correct their sentence.
At Wesley Rhodes, Attorney at Law, we understand the complexities that come with the process and the stress it can bring people. We are dedicated to helping clients in Little Rock, Conway County, Saline County, and the surrounding areas navigate the post-conviction process and seek the relief they deserve.
If you are in need of post-conviction representation, contact us to schedule a consultation and let’s discuss your options: (501) 361-4459.
Grounds for Post-Conviction Relief
Post-Conviction Relief (PCR) is a legal process that provides defendants with the opportunity to challenge their conviction or sentence after a trial has ended. The PCR process is available to defendants who have been convicted of a crime and have exhausted all their appeals or did not file an appeal within the allotted time frame.
The goal of this process is to correct any errors that may have occurred during the trial, including constitutional violations, ineffective assistance of counsel, procedural errors, and other grounds.
Ineffective Assistance of Counsel. Ineffective assistance of counsel is a common ground for post-conviction relief. This claim is based on the idea that the defendant's attorney did not provide effective assistance, which resulted in a conviction that would not have otherwise occurred.
New Evidence. New evidence can be presented in a post-conviction hearing if it could not have been discovered at the time of the trial.
Constitutional Violations. Violation of a defendant's constitutional rights during trial could warrant a post-conviction appeal. Examples of constitutional violations include an illegal search and seizure or a coerced confession.
Procedural Errors. If the trial court committed procedural errors that denied the defendant a fair trial, the defendant may be entitled to post-conviction relief. Procedural errors may include issues related to jury selection, jury instructions, or sentencing.
The Post-Conviction Process
Filing a Notice of Appeal. After a conviction, the defendant has limited time to file a notice of appeal. This notice notifies the appellate court that the defendant wishes to appeal the conviction.
Briefing the Case. The next step in the post-conviction process is the briefing of the case. This involves the preparation of written arguments by the defendant and the state, which are submitted to the appellate court.
Oral Argument. After the briefing is complete, the appellate court may schedule an oral argument where both sides can present their case to the court.
Decision by the Appellate Court. After the oral argument, the appellate court will make a decision regarding the post-conviction relief sought by the defendant.
Contact Us Today
To Get Started With A ConsultationAt Wesley Rhodes, Attorney at Law, we believe that our commitment to providing exceptional legal representation sets us apart from other law firms. Call us today at (501) 361-4459. Located in Little Rock, Arkansas.